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1953 Supreme(Mad) 119

SOMASUNDARAM
Bondalapati Thatayya – Appellant
Versus
Gollapudi Basavayya and others; – Respondent


Advocates Appeared:
T. Veerabadrayya, for Petitioner; in Crl. R.C. No.195 of 1953 and for Respondent in Crl. R.C. No.208 of 1953; A. Rama Rao, for Respondents in Crl. R.C. No.195 of 1953 and for Petitioner in Crl. R.C. No.208 of 1953; Public Prosecutor, for the State.

Judgement

ORDER :- The above two petitions arise out of an order passed by the Addil. First Class Magistrate Masulipatam, under S.144, Criminal P.C. On a petition filed on 2-7-1952 by one Bondalapati Thatayya against one Gollapudi Basavayya and 13 others an order was passed under S.144, Cl.(2), Criminal P.C. by the Additional First Class Magistrate on 7-7-1952. Before 7-7-1952 the Additional First Class Magistrate called for a report from the police on the petition filed by the said Thatayya. Before the report was sent, the Court was again moved by the said Thatayya for an emergent ex parte order. It was then the ex parte order was passed on 7-7-1952 restraining the respondents in that petition, who are also respondents here (in Cr. R.C. No.195 of 1953) from interfering with the bodi through which the petitioners were said to have been taking water to their lands. The respondents thereupon presented a petition to rescind that order on 17-7-1952. While that petition was pending Thatayya reported to the Station House Officer on 21-7-1952 that the order under S.144, Criminal P.C. has been violated by the respondents by completely obliterating the entire bodi. On 23-7-1952 the said That












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